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HomeMy WebLinkAboutOrdinance 2011.04 Temporarily amending title 6 of the land development code relating to subdivisions E F. ANN RODRIGUEZ, RECORDER oF i 111111111 IN Recorded By: CM �J' Fa � Y DEPUTY RECORDER �V �pO SEQUENCE: 20110470651 1951;�Z NO. PAGES: 2 SMARA ,d h 02/16/2011 TOWN OF MARANA ORDIN 18:00 TOWN CLERK g1 t1Z ' MAIL 11555 W CIVIC CENTER DR AMOUNT PAID: $8.00 MARANA AZ 85653 MARANA ORDINANCE NO. 2011.04 RELATING TO LAND DEVELOPMENT; TEMPORARILY AMENDING MARANA LAND DEVELOPMENT CODE TITLE 6 (SUBDIVISIONS), SECTION 06.02.02.D, CONCERNING THE EXPIRATION OF APPROVED PRELIMINARY PLATS; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Town of Marana has seen significant delays in the completion of subdivision plats due to the downturn in the economy; and WHEREAS town staff recommends a temporary amendment of the Land Development Code to extend the preliminary plat approval period to seven years; and WHEREAS the Marana Planning Commission held a January 26, 2011 public hearing on this request and unanimously recommended approval of the proposed temporary amendment; and WHEREAS the Mayor and Council of the Town of Marana find that the temporary amendments adopted by this ordinance are in the best interests of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. While this ordinance is in effect, existing Marana Land Development Code Section 06.02.02.13 of Title 6 (Subdivisions) is hereby deleted and replaced with the following: D. Significance of preliminary plat approval. The Preliminary Plat approval by the Council, with the completion of the required signatures, constitutes authorization for the subdivider to proceed with preparation and submittal of the final plat and Engineering improvement plans and specifications (may be done concurrently). Preliminary Plat approval is subject to the following conditions: 1. A final plat shall be recorded by the seventh anniversary of the date of preliminary plat approval or December 31, 2017, whichever is sooner. 2. If the final plat has not been recorded within the period set forth in paragraph 1, a new preliminary plat shall be submitted, including applicable fees. 3. The preliminary plat shall not be recorded. Marana Ordinance 2011.04 - 1 - 2/8/2011 12:31 PM SECTION 2. This ordinance shall apply to all preliminary plats approved after July 1, 2006. SECTION 3. This ordinance shall terminate, sunset, and be of no further force and effect on December 31, 2015. SECTION 4. Upon the termination of this ordinance, any preliminary plat for which there is no recorded final plat shall comply with the requirements of Marana Land Development Code Section 06.02.02.1), as it existed before the adoption of this ordinance or as it may hereafter be superseded or amended. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. This ordinance is effective on March 18, 2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of February, 2011. Mayor d Honea ATTEST: O F N xlz r hO CORPORgfF S . _ 000 elyn ronson Town Clerk q y � ®siau►►`v ®e °° 1 APPROVED AS TO FORM: rank C y, Town Atto ey Marana Ordinance 2011.04 -2- 2/8/2011 12:31 PM WHEN RECORDED RETURN TO: Sy OFFICIAL RECORDS OF TOWN OF MARANA '$ 75 g PINAL COUNTY RECORDER " ATTN: TOWN CLERK LAURA DEAN -LYTLE 11555 W CIVIC CENTER DRIVE �'Yl • ..d� ) MARANA, ARIZONA 85653 DATE /TIME: 02/22/2011 1111 FEE: $12.00 PAGES: 2 FEE NUMBER: 2011 - 015009 IIIIII VIII VIII VIII VIII VIII VIII (IIII VIII VIII IIII IIII MARANA ORDINANCE NO. 2011.04 RELATING TO LAND DEVELOPMENT; TEMPORARILY AMENDING MARANA LAND DEVELOPMENT CODE TITLE 6 (SUBDIVISIONS), SECTION 06.02.02.D, CONCERNING THE EXPIRATION OF APPROVED PRELIMINARY PLATS; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Town of Marana has seen significant delays in the completion of subdivision plats due to the downturn in the economy; and WHEREAS town staff recommends a temporary amendment of the Land Development Code to extend the preliminary plat approval period to seven years; and WHEREAS the Marana Planning Commission held a January 26, 2011 public hearing on this request and unanimously recommended approval of the proposed temporary amendment; and WHEREAS the Mayor and Council of the Town of Marana find that the temporary amendments adopted by this ordinance are in the best interests of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. While this ordinance is in effect, existing Marana Land Development Code Section 06.02.02.D of Title 6 (Subdivisions) is hereby deleted and replaced with the following: D. Significance of preliminary plat approval. The Preliminary Plat approval by the Council, with the completion of the required signatures, constitutes authorization for the subdivider to proceed with preparation and submittal of the final plat and Engineering improvement plans and specifications (may be done concurrently). Preliminary Plat approval is subject to the following conditions: 1. A final plat shall be recorded by the seventh anniversary of the date of preliminary plat approval or December 31, 2017, whichever is sooner. 2. If the final plat has not been recorded within the period set forth in paragraph 1, a new preliminary plat shall be submitted, including applicable fees. 3. The preliminary plat shall not be recorded. Marana Ordinance 2011.04 - I - 2/8/201112:31 PM SECTION 2. This ordinance shall apply to all preliminary plats approved after July 1, 2006. SECTION 3. This ordinance shall terminate, sunset, and be of no further force and effect on December 31, 2015. SECTION 4. Upon the termination of this ordinance, any preliminary plat for which there is no recorded final plat shall comply with the requirements of Marana Land Development Code Section 06.02.02.1), as it existed before the adoption of this ordinance or as it may hereafter be superseded or amended. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. This ordinance is effective on March 18, 2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15` day of February, 2011. Mayor Ed Honea ATTEST:�� F SEAL ocelyn Bronson, Town Clerk , , 1 9 , * RM: O FO wn orney Marana Ordinance 2011.04 -2- 2/8/2011 12:31 PM